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High Court for State of TelanganaCRLP/6107/2019disposed of no costs

Sami , Mirza Sameulla Baig v. State Of Telangana

2019-10-01G Sri Devi3 pages

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6107 OF 2019 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/A.6 for grant of anticipatory bail in the event of his arrest in Crime No.137 of 2019 of Gajwel Police Station, Siddipet District, registered for the offences punishable under Sections 363, 342, 324 and 387 read with 34 I.P.C and Section 3 (1) (g) (C) (r) 2 (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, 'the Act'). 2.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent/State. Perused the material on record.

3.

Learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged in the complaint; that the petitioner was falsely implicated in this case and hence, he prays to grant anticipatory bail to the petitioner. 4.

Since there is a specific bar under Section 18 of the Act, the present petition under Section 438 Cr.P.C. is not maintainable. 5.

In view of the allegations made and having regard to the bar contained under the provisions of the Act, I am not inclined to grant anticipatory bail to the petitioner. However, the petitioner/A6 is directed to surrender before the Special Court concerned and move an application for regular bail, after giving prior notice to the Public Prosecutor concerned. In the event of filing of such

application, the same shall be considered on the same day on such terms and conditions as the said Court deems fit and proper. 6.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

________________________ JUSTICE G. SRI DEVI DATED:01-10-2019 Hsd

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2982 OF 2019 Date: 18.06.2019 YVL